Gujarat High Court
The Reliance General Insurance Co. Ltd vs Nanjibhai Ravjibhai Bhalana on 27 June, 2025
NEUTRAL CITATION
C/FA/4276/2024 JUDGMENT DATED: 27/06/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4276 of 2024
With
R/FIRST APPEAL NO. 4336 of 2024
With
R/FIRST APPEAL NO. 4337 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE NISHA M. THAKORE
==========================================================
Approved for Reporting Yes No
No
==========================================================
THE RELIANCE GENERAL INSURANCE CO. LTD.
Versus
NANJIBHAI RAVJIBHAI BHALANA & ORS.
==========================================================
Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
MR. HEMAL SHAH(6960) for the Defendant(s) No. 1
NOTICE SERVED BY DS for the Defendant(s) No. 2
NOTICE UNSERVED for the Defendant(s) No. 3
==========================================================
CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 27/06/2025
COMMON ORAL JUDGMENT
[1] Heard Mr. Rathin Raval, learned advocate on record for
the appellant- Insurance Company. Learned advocate Mr. Hemal Shah
has entered his appearance on behalf of the respondent-original
claimant.
NEUTRAL CITATION
C/FA/4276/2024 JUDGMENT DATED: 27/06/2025
undefined
[2.] Since the appeals arise out of the same accident,
challenging the common judgment and award passed by the Tribunal,
the same are heard and decided together by this common order.
[3.] In the present appeals preferred at the instance of the
original opponent- Insurance Company, under Section 173 of the
Motor Vehicles Act, 1988, challenging the common judgment and
award dated 05.09.2024 passed by the learned Motor Accident Claims
Tribunal (Special), Rajkot in M.A.C.P. No. 1168 of 2017, M.A.C.P. No.
1170 2017 and M.A.C.P. No.1171 of 2017.
[4.] The Coordinate Bench, upon considering the submissions
made by learned advocate on record for the appellants and the
grounds raised in the appeal, had issued notice for final hearing vide
order dated 24.12.2024. In the meanwhile, the appellants were also
directed to deposit the entire decreetal amount before the Tribunal,
and the Tribunal was permitted to proceed with the disbursement of
the amount in terms of the impugned judgment and award.
[5.] Noticing the grounds raised in the appeals, these appeals
are taken up for final hearing.
NEUTRAL CITATION
C/FA/4276/2024 JUDGMENT DATED: 27/06/2025
undefined
[6.] Learned advocate for the appellants, at the outset, has
invited my attention to the findings and reasons assigned by the
Tribunal, and has submitted that essentially, the challenge in all these
appeals is made on the common ground that the Tribunal failed to
appreciate the defence raised by the Insurance Company that the
driver of the vehicle was not holding a valid license to drive the vehicle
carrying hazardous goods on the date of the accident.
[6.1] Secondly, in case of M.A.C.P. No.1171 of 2017, challenge is
also made as regards the amount awarded under the head of own
damage of vehicle is concerned. Learned advocate has submitted that
apart from the claim sought for against the own damage of the
vehicle, the Tribunal had proceeded to award additional amount of
Rs.24,000/- towards the loss sustained by the owner of the vehicle
taking cognizance of fact that in absence of the vehicle being available
claimant was unable to earn his income.
[6.2] As regards the compensation with regard to the income
of the driver of the vehicle in M.A.C.P. No. 1170 of 2017 is concerned,
learned advocate has submitted that the Tribunal has committed
gross error in determining the income of the driver to the tune of Rs.
12,000/- per month.
NEUTRAL CITATION
C/FA/4276/2024 JUDGMENT DATED: 27/06/2025
undefined
[6.3] By making aforesaid submissions, learned advocate has
urged this Court to quash and set aside the impugned judgment and
award passed by the Tribunal holding the present appellant-Insurance
Company liable to pay the amount of compensation and to modify the
award of compensation appropriately.
[7.] Learned advocate Mr. Hemal Shah appearing for the
respondent-original claimant has objected to the aforesaid
submissions of learned advocate for the appellants. He has mainly
relied upon the findings and reasons assigned by the Tribunal. While
inviting my attention to the findings and reasons assigned by the
Tribunal on the issue of not holding of valid license in case of driving
vehicle with hazardous goods is concerned, learned advocate has
pointed out that in fact, upon appreciation of the evidence, more
particularly, the statement of the driver recorded by the Police during
the course of investigation, which is produced on record at Exh.66, it
has clearly transpired that the vehicle was arriving back after
unloading the hazardous substance. Thus, the Tribunal upon
appreciation of the aforesaid fact, in light of the license of the driver,
which is produced on record at Exh. 56, came to the conclusion that
the Insurance Company has failed to establish the issue of the driver,
not holding any valid license to drive the vehicle carrying hazardous
NEUTRAL CITATION
C/FA/4276/2024 JUDGMENT DATED: 27/06/2025
undefined
goods. In support of his submissions, learned advocate has placed
reliance upon unreported decision of the Coordinate Bench in the case
of New India Assurance Co. Ltd. vs. Sanjaybhai Ramanbhai Patel
heirs of Decd Chandrikaben Ramanbhai Patel & Ors. (order dated
21.01.2025 passed in First Appeal No. 2263 of 2020 and allied
matters).
[7.1] As regards the submissions made by learned advocate for
the appellants about the additional amount of compensation towards
the loss of income of the owner of the vehicle being awarded to the
tune of Rs.24,000/- in M.A.C.P. No. 1171 of 2017 is concerned, learned
advocate has submitted that in the facts of the case, noticing the
circumstances, the Tribunal has rightly considered their case of
additional amount of compensation towards such loss.
[7.2] As regards the submissions made by learned advocate for
the appellant-Insurance Company on the issue of income of the driver
being quantified as Rs.12,000/- per month in M.A.C.P. No. 1170 of
2017 is concerned, learned advocate has mainly relied upon the
findings and reasons assigned by the Tribunal, and has submitted that
no error can be found with the approach of the Tribunal in
determining the aforesaid amount. According to him, the Tribunal has
NEUTRAL CITATION
C/FA/4276/2024 JUDGMENT DATED: 27/06/2025
undefined
awarded just and proper compensation by considering the income of
the driver as Rs.12,000/- per month, which calls for no interference by
this Court. By making the aforesaid submissions, learned advocate has
urged this Court to dismiss the present appeals.
[8.] Having heard the learned advocates appearing for the
respective parties and having perused the impugned judgment and
award, in light of the decision relied upon by learned advocate for the
respondent-claimant, it appears that the Tribunal, in right perspective,
has appreciated the evidence on record, more particularly noticing the
statement of the driver of the Truck, as recorded by the Police
Authorities, during the course of investigation, which is produced on
record at Exh.66. On perusal of the record and proceedings, more
particularly, the panchnama of place of accident, which is produced on
record at Exh. 55, does not reflect the presence of hazardous goods at
the time of the accident. Having appreciated the aforesaid statement,
no error can be found with the findings of the Tribunal holding that
the vehicle was not carrying the hazardous goods at the time of
occurrence of accident.
[9.] This brings me to the issue of the validity of the license.
The Tribunal has appreciated the Driving License of the driver, which is
NEUTRAL CITATION
C/FA/4276/2024 JUDGMENT DATED: 27/06/2025
undefined
produced on record at Exh. 56. Upon appreciation of the aforesaid
Driving License, the Court has noticed that the driver of the vehicle
was authorized to drive the transport vehicle. Thus, once the vehicle
involved was not carrying any hazardous goods, and was a transport
vehicle, in my opinion, the appellant-Insurance Company has miserably
failed to establish their defence about the fact that the driver of the
vehicle was not authorized to drive the vehicle carrying hazardous
goods, more particularly, when the same has not contributed towards
the accident.
[10.] As regards the submissions made by learned advocate for
the income of the driver of the vehicle involved is concerned, as
determined in M.A.C.P. No. 1170 of 2017, I have closely examined the
findings and reasons assigned by the Tribunal. The Tribunal, upon
appreciation of record, has noticed the driving license of the claimant
being produced on record at Exh.62, which permits him to drive the
heavy vehicle like Truck. Thus, it has been successfully established by
the claimant that he was a skilled person engaged in driving of heavy
vehicle like Truck.
[11.] Apart from the aforesaid fact, it has also been established
on record that he was the owner of the Eicher Tempo, and was thus,
NEUTRAL CITATION
C/FA/4276/2024 JUDGMENT DATED: 27/06/2025
undefined
earning income from such transport business. Noticing the aforesaid
circumstances, the Tribunal has proceeded to determine the amount
of compensation of the applicant as Rs.12,000/- per month. In the
opinion of this Court, the Tribunal has arrived at such determination of
the income of the claimant, in light of the circumstances and the
evidence being brought on the record, which cannot be held to be a
perverse.
[12.] As regards the issue of the additional amount of
compensation being awarded towards the loss of income in M.A.C.P.
No. 1171 of 2017 is concerned, it appears from the findings and
reasons assigned by the Tribunal, while examining the issue of loss
towards damage to the vehicle is concerned, the Tribunal has entered
into the arena of the loss sustained by the owner of the vehicle on the
ground of non-availability of the vehicle being damaged in the
accident for a period of two months.
[13.] The findings of the Tribunal suggest that the Tribunal, on
presumption, has arrived at such conclusion that the Tempo was not
available for a period of two months, and therefore, the owner of the
vehicle must have sustained loss of source of income from such use of
vehicle, and has accordingly determined an amount of Rs. 24,000/-
NEUTRAL CITATION
C/FA/4276/2024 JUDGMENT DATED: 27/06/2025
undefined
towards such loss. In the opinion of this Court, no proof of such loss
being sustained by the owner of the vehicle, has been brought on
record by the claimant. Hence, the aforesaid amount being awarded
by the Tribunal, is hereby not accepted. The appeal, therefore, qua
challenge to the aforesaid part of the impugned judgment and award
is required to be quashed and set aside.
[14.] As regards the submissions made by learned advocate for
the appellant- Insurance Company towards the determination of
amount of Rs. 7,00,000/- for loss of vehicle is concerned, in the opinion
of this Court, the Tribunal, upon appreciation of the evidence brought
on record, more particularly, the copy of the sale deed of the Eicher
Tempo being produced on record at Exh. 79 as well as the copy of spot
of panchnama produced on record at Exh. 55 and the RC Book details
being produced on record at Exh. 33, after considering the salvage
value as against the IDV value, has arrived at a conclusion about the
loss of vehicle is concerned, and has accordingly awarded Rs.7,00,000/-
towards the same, which, in the opinion of this Court, is just and
reasonable.
[15.] For the foregoing reasons, First Appeal Nos. 4276 and
4336 of 2024 are hereby dismissed.
NEUTRAL CITATION
C/FA/4276/2024 JUDGMENT DATED: 27/06/2025
undefined
[16.] So far as First Appeal No. 4337 of 2024 is concerned, the
same is partly allowed. The impugned judgment and award dated
05.09.2024 passed by the learned Motor Accident Claims Tribunal
(Special), Rajkot in Motor Accident Claim Petition No. 1171 of 2017 is
hereby modified to the extent that the claimants are held entitled to
the total amount of compensation to the tune of Rs. 7,00,000/-
(Rs.7,24,000- Rs. 24,000/- towards the loss of income) with interest at
the rate of 9% per annum from the date of the filing of the claim
petition till its actual realization. With these observations, present
First Appeals stand disposed of. Since First Appeal has been partly
allowed to the aforesaid extent, the interest which may have been
accrued on the amount, to be refunded to the Insurance Company, i.e.,
an amount of Rs.24,000/-, is directed to be refunded to the Insurance
Company with interest which may have been accrued till date.
[17.] The amount deposited qua the respective claim petitions
before the Tribunal, are hereby directed to be released in favour of
the claimants, subject to due verification and strictly in terms of the
guidelines prescribed by the Hon'ble Supreme Court. Let the aforesaid
exercise be undertaken by the Tribunal within a period of four weeks
from the date of receipt of the copy of this order.
NEUTRAL CITATION
C/FA/4276/2024 JUDGMENT DATED: 27/06/2025
undefined
[18.] Record and proceedings, if any, are directed to be sent
back to the concerned Tribunal forthwith.
(NISHA M. THAKORE,J)
SUYASH SRIVASTAVA
